MATTER OF ESTATE OF FISHER

No. 83-348.

344 N.W.2d 579 (1983)

In the Matter of the ESTATE OF Kate Elsa FISHER, Deceased; Kay Fisher, As Parent and Next Friend of Theresa Fisher, Appellant.

Court of Appeals of Iowa.

December 27, 1983.


Attorney(s) appearing for the Case

H. Daniel Smith of Stehlik, Smith & Trustin, Omaha, Neb., and Michael Gallner of Gallner & Gallner, Council Bluffs, for appellant.

Richard D. Crotty, Council Bluffs, for appellee, Stanley Fisher.

James A. Pratt of Heithoff, Pratt & Heithoff, Council Bluffs, for the estate.

Heard by OXBERGER, C.J., and DONIELSON and SACKETT, JJ.


DONIELSON, Judge.

Contestant appeals from the trial court's judgment granting proponent's application to establish a lost will. Contestant claims that: 1) proponent, decedent's husband and sole beneficiary under her will, was incompetent to testify under Iowa Code § 622.4, the dead man statute, about where the will had been kept, and 2) proponent did not produce sufficient evidence to rebut the presumption of decedent's destruction of her will with the intent...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases